Banta, George, Company

17 Cited authorities

Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
Labor Board v. Mackay Co.
304 U.S. 333 (1938) Cited 535 times 4 Legal Analyses
Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices
Drivers Union v. Meadowmoor Co.
312 U.S. 287 (1941) Cited 382 times
Holding an injunction banning picketing was "justified only by the violence that induced it and only so long as it counteracts a continuing intimidation"
Southern S.S. Co. v. Labor Board
316 U.S. 31 (1942) Cited 160 times 2 Legal Analyses
Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”
American Federation of Television & Radio Artists v. Nat'l Labor Relations Bd.
395 F.2d 622 (D.C. Cir. 1968) Cited 102 times 1 Legal Analyses
Applying Taft
Nat'l Labor Relations Bd. v. Thayer Co.
213 F.2d 748 (1st Cir. 1954) Cited 40 times
In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.
Nat'l Labor Relations Bd. v. Illinois Tool Works
153 F.2d 811 (7th Cir. 1946) Cited 47 times
Noting that the test for violations of sec. 8, now codified as sec. 8, of the NLRA is whether "the employer engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of employee rights under the Act," and that actual or successful coercion need not be shown in order for the Board to find a violation
George Banta Co., Inc. v. N.L.R.B
604 F.2d 830 (4th Cir. 1979) Cited 6 times
In George Banta Co. v. NLRB, 604 F.2d 830, 838 (4th Cir. 1979), cert. denied, 445 U.S. 927, 100 S.Ct. 1312, 63 L.Ed.2d 759 (1980), we stated that "[t]o permit a party to accept the benefits of a settlement agreement, and then withdraw from that agreement without complying with its corresponding obligations, would subvert the settlement process."
Donovan v. N.L.R.B
520 F.2d 1316 (2d Cir. 1975) Cited 9 times
Finding union members' mass picketing, threats, assaults and some property damage insufficient to sustain the "extraordinary sanction of withholding an otherwise appropriate remedial bargaining order"
Firestone Tire Rubber Company v. N.L.R.B
449 F.2d 511 (5th Cir. 1971) Cited 8 times
In Firestone Tire and Rubber Co. v. N.L. R.B., 449 F.2d 511, 512 (5th Cir. 1971), the Fifth Circuit concluded that a striker's vulgar invective was a threat of physical harm which amounted to serious misconduct warranting his discharge.

Banta, George, Company

17 Cited authorities

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

Holding an injunction banning picketing was "justified only by the violence that induced it and only so long as it counteracts a continuing intimidation"

Finding an abuse of discretion where the National Labor Relations Board sought to fulfill one congressional objective but “wholly ignore[d] other and equally important Congressional objectives”

Applying Taft

In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.

Finding union members' mass picketing, threats, assaults and some property damage insufficient to sustain the "extraordinary sanction of withholding an otherwise appropriate remedial bargaining order"

In Firestone Tire and Rubber Co. v. N.L. R.B., 449 F.2d 511, 512 (5th Cir. 1971), the Fifth Circuit concluded that a striker's vulgar invective was a threat of physical harm which amounted to serious misconduct warranting his discharge.